Rite Aid TCPA Violations Class Action Lawsuit Filed

A TCPA class action lawsuit was filed against Rite Aid, alleging the pharmacy chain made numerous unsolicited phone calls via an autodialer in violation of the Telephone Consumer Protection Act (TCPA).

A New York resident alleges that Rite Aid violated the TCPA by making automated phone calls to him and other consumers advertising flu shot services. He seeks to represent a nationwide Class of Rite Aid customers who had a prescription with a Rite Aid pharmacy and received these unsolicited phone calls without their consent.

Plaintiff Robert Z. alleges in the TCPA class action lawsuit that Rite Aid continued to make the calls even after he complained to his local Rite Aid.

Robert Z. claims he was not given an opportunity to opt out of these phone calls and that Rite Aid failed to comply with TCPA requirements that consumers be allowed to opt out via an automated, interactive voice or key press activated mechanism.

He allegedly continued to receive subsequent offer calls from the company. As a result of these unwanted calls, Robert switched his prescription services to another pharmacy and is seeking Class certification for all Rite Aid customers who received multiple telemarketing calls as a result of Rite Aid’s conduct and alleged failure to adhere to TCPA rules.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) is the main federal law that is intended to curb unsolicited phone calls using an automatic telephone dialing system. These calls are banned unless you previously gave consent to receive them or the call is for emergency purposes.

This ban applies even if you have not placed your phone number on the national Do-Not-Call list.

The law specifically states that each unsolicited phone call carries a civil fine of between $500 to $1,500. For cell phone users, the problems could be more than just simple annoyances.  Many cell phone carriers charge per received call and the problem is amplified if the recipient is on a pre-paid cell phone plan.

The motion for Class certification of the Rite Aid TCPA violations lawsuit was filed Dec. 22.

The Rite Aid TCPA Class Action Lawsuit is Case No: 1:14-cv-09701-AJN, in the U.S. District Court for the Southern District of New York.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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